The question of the acquisition of territory was thus shown to be far more important than the suppression of heresy. But a university was established at Toulouse for the teaching of true philosophy, and the Inquisition was set up under the Dominicans for the suppression of false doctrine. The time had definitely gone by when the Church would rely upon methods of persuasion in dealing with heretics. And yet for a long time there was much hesitation among Churchmen. Even as late as 1145 St. Bernard pleads for reasoning rather than coercion. And the application of methods of coercion was equally tentative. At first the obstinate heretic was imprisoned or exiled and his property was confiscated. But the practice of burning a heretic alive was long the custom before it was adopted anywhere as positive law. Pedro II of Aragon, the champion of Raymond VI, first definitely legalised it (1197). In 1238 by the Edict of Cremona this became the recognised law of the Empire, and was afterwards embodied in the Sachsenspiegel and Schwabenspiegel, the municipal codes of Northern and Southern Germany respectively. The Etablissements of Louis IX (1270) recognised the practice for France. It is a tribute to English orthodoxy that the Act "de haeretico comburendo" was not passed until 1401. [Sidenote: The secular arm.] Early usage forbade the clergy to be concerned in judgments involving death or mutilation. This finds expression in the Constitutions of Clarendon (1164); and the fourth Lateran Council (1215) definitely forbade clerks to utter a judgment of blood or to be present at an execution. Thus the Church merely found a man a heretic and called upon the secular authority to punish him. It was impressed upon all secular potentates from highest to lowest that it was their business to obey the behests of the Church in the extirpation of heresy. Indeed, it may almost be said that the validity of this command of the Church was the principal point at issue in the Albigensian crusade; for Raymond's lands were declared forfeit merely because he would not take an active part in the punishment of his heretical subjects. Thus by the thirteenth century all hesitation as to the attitude of the Church towards heretics had entirely disappeared. As Innocent III lays it down, "faith is not to be kept with him who keeps not faith with God," and Councils of this century declared that any temporal ruler who did not persecute heresy must be regarded as an accomplice and so as himself a heretic. We cannot apply modern standards to the mediaeval feelings about heresy. The noblest and most saintly among clergy and laity alike were often the fiercest persecutors. Church and State were closely intermingled; heresy was a crime as well as a sin; the heretic was a rebel; mild measures only made him bolder; and in fear of the overthrow of the whole social system the rulers of State and Church combined to crush him. CHAPTER XIII THE MENDICANT ORDERS